The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-08-03
One Republican Stands With the Democrats
in the Cases Of ALI Defendants.
How the Thirteen Ballots Were Taken and
the Result Of Each.
A Unanimous Belief Expressed as to tn.
Innocence Of RsaTdon and C0unselman.
Judge Woods Does Not Consent to an
Incomplete Verdict and Discharges
the Jury without Remarks.

AS was predicted by nearly every
body. the Jury in the celebrated
conspiracy case failed to agree,
noon Charles W.,Anderson, Iof Cass county,
the foreman, waited upon Judge Woods
and informed him that it would be impos-
sible for the jury to agree and asked
what should be done. at the
same time Mr.. Anderson told
the Judge that the Jury had agreed on the
acquittal of John Reardon and John II.
Counselman, and asked if verdict as to
them could be returned. The jurors say
Judge Woods refused to make any reply
to this question of the foreman, aud In
consequence no verdict was rendered as to
them.
After Foreman Anderson returned to the
jury room Judge Woods held long consul
tation with District Attorney Sellers,
in the latter's Office. At 5 o'clock Hon.
G. F. McNutt, of counsel for the defend
ants, was sent for and the judge informed
him that he had concluded to discharge
the jury, as he considered it useless TO
keep them confined any longer.
There had been large crowd about the
postoffice all day waiting for some word
from the jury, and when Mr..
McNutt was seen to hurriedly
ately gave his consent to the Jury's dis
charge and he, with the district attorney
and the Judge, walked into the courtroom
and the jurors took their seats in the jury
box.
Judge Woods addressed the jury and
said he understood that they could not
agree. There was general nod
asked eacn one the same question.
apI I'M oaoh fncfo ura tho ronlu Uoq m fho
effect that they could not agree. The
Judge after expressing his regret that they
were unable to agree discharged them from
further service.
OF the defendants only Simeon Coy and
John e. Sullivan were present and Mr..
McNutt was the only one Of their counsel
| that was there. Mr.. Brown had gone
game.
AS soon as the jury separated, it was
learned that there was no agreement on
any proposition, except as to the inno-
cence of Reardon and Counselman. On
Friday night, shortly after the jury
retired two ballots were taken as to wheth-
er there had beer any conspiracy or not.
This resulted in seven nays and five yeas;
No other vote was taken. until
yesterday morning at O'Clock,
when the cases OF the defendants
| were taken up separately. Coy's was con-
| sidered first, and the vote as to his guilt
resulted, eight nays and TO yeas aud
this was the vote as TO several others
| of the defendants:
Simeon Coy-Eight for acquittal; four
| for conviction.
w. +. A. Bernhamer-Six for acquittal; !;
six for conviction.
Stephen ]. Mattler-Nine for acquittal; /;
[ three for conviction.
John E. Sullivan-Nine for acquittal; !;
three for conviction.
George w. Budd-Eight for acquittal;
four for conviction.
! G. N. Metcalf-Ten for acquittal; two for
conviction.
| Albert 7. Beck-Eleven for acquittal; /;
one for conviction.
Henry Spaan-Eight for acquittal; four
for conviction.
HOW THEY AGREED TO DISAGREE.
The jurors got up bright and early yes
Mr.. Coy's case at o'clock. 1t was evil
dent from the start that there would be no
| sgreement in his case, for although Sam
uel Nicholson, Republican, voted for his
acQuittal, the foreman, Charles w. An
deIson, a Greenbacker, voted guilty.
| From the time the first ballot was taken
it was evident that the Democrats pro
posed to stand together and they stood
united in this determination to the
last. VIM. n. Fulvider, of
Columbus who was made secretary of the
jury and Willard s. Bowen, OF Laporte,
did most of the talking on the Demo-
cratic side. Said one of the jurors of Mr..
Fulvider: HE is good man and a
staunch Democrat and meyer saw as con-
vincing talker on a jury as he proved to
pc; posted and he was reliable. In In
fact all of the Democrats stood together
like a stone wall, except in sim
gle instance, that John +. Hunt, OF
VeImillion County. in the case of Mr.. Bern
hemer. 1t is understood however that If an.
other ballot ha6 been tsken, Mr.. Hunt and
Mr.. Anderson, tee Greenbacker, would have
For the Republicans, George w. King,
of Bartholomew County, did the talking
and it is said he was controlled entirely by
party preiudices. He was the only Juror
that refused to vote for Mr..
Beck's acquittal. Ezra Wood, of Mad
isoD, jefferson County, was also very
bitter against some of the defendants, and
at one time said, II would sooner have my
right arm cut off than to go home, If /
should vote for the acquittal OF all these
defendants" He, however. refused to vote
for the conviction of Mr.. Beck.
In the case of DR.. G. N. MetcaH only
King and Wood voted for conviction, while
all OF the Democrats and J. 81. Fear, Of
Upton, and Samuel Nicholson, Republi-
cans, and Foreman Anderson, Greenbscker,
voted for scquittal.
Two ballots were taken in regard
to Stephen Mattler. The first re-
suited eight for acquittal and four for con.
victioD, but after o short discussion as to
the testimony against him, Mr.. Ander-
changed his vote to not guilty, leaving
only Messrs. Fear, Wood and King voting
for conviction. These same jurors were
alone in voting guilty in the case of John
E. Sullivan. and Mr.. Fear was half inclined
to vote for acquittal.
] The only ballot taken in George W